Enniskillen Court House, RMGFH04
AN ENNISKILLEN father-to-be with a lengthy record has been given a suspended sentence for tripping up a police officer.
Peter Smith (25) of Sycamore Drive, Cavanaleck appeared at Enniskillen Magistrates Court on Monday charged with assault on police, disorderly behaviour, and resisting police.
On Tuesday, April 7 last year police were called to an address at Sycamore Drive, Enniskillen following reports of an ongoing fight between two men. When officers arrived at the scene they found Smith lying in the garden.
When they approached him, Smith struggled with them and caught one of the officers’ leg, causing him to trip and hurt his wrist.
Defence barrister Michael Ward said police had been called to the scene as Smith believed items were being taken from his home by two people, and then he “foolishly” confronted them. Mr Ward said Smith, who entered and early guilty plea, accepted that he had been disorderly, and resisted and assaulted a police officer.
Mr Ward said Smith had a “colourful record”, to which District Judge Nigel Broderick replied that “colourful” was not the word he’d use, rather “extensive.” The barrister explained that Smith had “significant” problems with addiction which brought him before the court “time and time again.”
Mr Ward pointed out how Smith had been before the court seven or eight times between 2012 and 2013, but only twice in 2014 and once in 2015. He said he had no other matters pending against him, explaining Smith’s circumstances had changed with his partner now expecting a baby in April.
Mr Ward said Smith would be open to a community service order, which had been recommended in a pre-sentence report, as he felt it may be a “stepping stone” to gaining full time employment.
Judge Broderick sentenced him to five months in prison suspended for the maximum three years, warning him that if he offended again the sentence would be activated.
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